Michael R. Barth

Attorney at Law

Michael R. Barth

Michael Barth is a trial attorney with over 18 years of experience defending medical malpractice cases involving catastrophic injuries and wrongful death claims. He has tried cases to verdict on behalf of the nation’s largest hospitals and health systems, physician’s groups and nursing homes. Outside of the courtroom Mike routinely counsels clients through the complexities of case investigation, liability assessment, valuation and discovery.

In addition to his litigation practice, Mike regularly consults physicians, hospitals and social workers on issues such as consent, surrogate decision making, advance directives, disclosure and proper documentation. He has also led training for physicians and medical professionals on liability issues and mental health law. Mike has defended more than 100 professional licensures of health care providers and prosecuted more than 200 electroconvulsive therapy petitions and 50 guardianship petitions.

Mike has collaborated on tracking organization-wide events and system event reporting to protect privileges in multiple jurisdictions for large health care systems. He has also advised his clients on a variety of regulatory topics including EMTALA, HIPAA, credentialing, Patient Safety and Quality Improvement Act, futile care and ethics.

Mike received the Up & Coming Lawyer award from Missouri Lawyers Weekly in 2010 and earned his J.D. from Saint Louis University School of Law where he also obtained a Health Law Certificate with honors.

Primary Practice Areas

  • Health Care Litigation
  • Medical Malpractice
  • Complex Litigation
  • Nursing Home and Long-Term Care Litigation
  • Probate Litigation for mental health matters
  • Professional Licensure
  • Risk Management

Representative Cases and Matters

  • Obtained summary judgment in a class action case involving physician overbilling, upheld by the Missouri Supreme Court
  • Successfully resolved a case claiming negligence in post-operative monitoring resulting in debilitating and lifelong injuries
  • Successfully resolved a case involving lack of timely diagnosis leading to catastrophic injuries in a young mother
  • Won a defense verdict in a case involving a failure to timely diagnose a retroperitoneal bleed following a cardiac catheterization allegedly resulting in permanent disabilities
  • Won a defense verdict representing academic physician practice and doctor in failure to diagnose cancer
  • Successfully defended a case of alleged negligent credentialing of physician
  • Expeditiously obtained an order for academic physicians appointing an emergency guardian to consent for emergency amputation procedure within one day

 

Presentations and Publications

  • Guardianship and Involuntary Commitment for Eating Disorders, Saint Louis University School of Medicine, Department of Adolescent Medicine (2016)
  • Guardianship Law and Practice, Saint Louis University School of Medicine, Department of Internal Medicine (2014)
  • Risk Management Investigations: Navigating the Applicable Privileges, St. Louis Association of Healthcare Risk Managers (2011)
  • Legal Issues for Psychiatrists, Saint Louis University School of Medicine, Department of Psychiatry (2011)
  • Legal Issues for Nurses, nursing program guest lecturer, Jefferson College (2011, 2010, 2009, 2008)
  • Ex Parte Communications with Health Care Providers, Williams Venker & Sanders Associate Training Seminar (2009)
  • Medical Malpractice Litigation Basics, Forest Park Hospital (2008)
  • Joint and Several Liability and Related Issues in Missouri and Illinois, AIG Healthcare, Chicago, IL (2008)
  • Guardianship Process and Procedure, Social Worker Training, Saint Louis University Hospital (2007)
  • Medical Malpractice Liability for EMTs, EMS Continuing Education, Lincoln County Ambulance District (2007)
  • Legal Process of Court-Ordered Electroconvulsive Therapy, Psychiatry Grand Rounds, Saint Louis University School of Medicine (2007)
  • Navigating the Legal Guardianship Process, Ethics for Lunch, Saint Louis University Hospital and Saint Louis University School of Medicine (2006)
  • Appointed to committee that drafted all HIPAA compliant authorizations adopted by the Missouri 22nd Judicial Circuit (2003)
  • “Illinois Courts Expand Liability Against Physicians and HMOs,” The MedLaw Update, Michael R. Barth and Phillip L. Willman (2000)

 

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